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(영문) 서울중앙지방법원 2017.07.12 2015가합540241
정산금지급
Text

1. Defendant Y, Z, AB, AC, and AD are the respective money recorded in the cited amount column in attached Form 1 with the Plaintiffs, respectively.

Reasons

1. Basic facts

A. 1) AE proposed to guarantee the principal when it lends money with the business fund during the course of carrying on a pension project and to pay interest at interest rate of 30% or 50% of the principal, and received 20,254,678,934 won in total from July 2005 to November 10, 2008 from many persons, including the plaintiffs and the defendants, to delay the payment of interest. 2) AE began to hold a meeting of the first claim group on November 27, 2008, and discussed measures for securing claims.

3) On April 2, 2009, the 97 creditor of AE received a certificate of loan from AE and AF stating that the sum of the loans was KRW 13,91,723,410 (excluding Plaintiff D and Q, both the Plaintiffs and the Defendants included in the list of creditors of the said loan certificate. In the case of Plaintiff Q, the husband AG included in the list of creditors of the said loan certificate, and the signature of Plaintiff Q is written in the signature column of AG.

hereinafter referred to as “the loan certificate of this case”

2) On April 7, 2009, the Plaintiff’s claim amount stated in the loan certificate of this case is as indicated in the column for the amount of loan loan in attached Form 2. (b) Of 97 persons listed in the list of creditors of the loan certificate of this case and the registration of mortgage creation 1), 22 persons were designated as representatives of AH, AI, Defendant Y, and AC, and each delegated all authority over the recovery of claims to the said representatives.

2) Around April 13, 2009, Defendant Y received KRW 1 million per capita or KRW 500,000 from some creditors for the cost of establishing a right to collateral security, and visited the office of AE in AH, AJ, Defendant Z, AA, AC, and Jeju-do on the same day. Defendant Y, Z, and Z on April 13, 2009, ZE visited the office of AE in the same day. 3) The real estate listed in paragraphs 1, 2, 3 through 14 of the list of Attached Real Estate owned by AE, AF, and AE on April 13, 2009, and the real estate listed in paragraphs 1 through 14 of the same list owned by AF (hereinafter collectively referred to as “instant real estate”).

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